Karl Bayer's Disputing Blog

Federal Mediation Privilege: Considerations for Patent Mediation

By Kyle Bailey - March 13, 2019

Participants in patent mediation must be careful not to make assumptions regarding mediation privilege.

Article: The Path Toward A Federal Mediation Privilege

By Victoria VanBuren - November 9, 2011

We came recently came across “The Path Toward A Federal Mediation Privilege: Approaches Toward Creating Consistency for a Mediation Privilege in Federal Courts,” written by Joseph Lipps and published by the American Journal of Mediation. Here is an excerpt: In commencing a mediation, the mediator provides an opening statement promising confidentiality. This promise however is wrought with a complex legal analysis where federal courts

JAMS Article Uniform Mediation Act : 10 years later

By Victoria VanBuren - August 19, 2011

JAMS published recently a timely article by Justin Kelly, entitled “The Uniform Mediation Act Turns 10 This Year.” Here is an excerpt: The Uniform Mediation Act, adopted 10 years ago, has provided a clear privilege on mediation communications and in the states where it has been adopted, it has been well received by practitioners, parties and the courts, according to academics and practitioners. The National Conference of Commissioners

Is Mediation Confidential in Texas?

By Victoria VanBuren - June 17, 2011

By Brett Goodman The Texas ADR Act, provides for very broad confidentiality in mediation procedures. Section 154.073 states in relevant portion that: (a) Except as provided by Subsections (c), (d), (e), and (f), a communication relating to the subject matter of any civil or criminal dispute made by a participant in an alternative dispute resolution procedure, whether before or after the institution of formal judicial proceedings, is confidential,

GUEST-POST PART III | Questions Clients Have about Mediation: Would My Mediation Be Confidential?

By Victoria VanBuren - June 8, 2010

By Kent B. Scott and Cody W. Wilson For mediation to work the way it is supposed to, the parties must be willing to speak candidly with the mediator, and they will not do this unless they know that the mediation is private and what they say and do in mediation will be kept confidential. Given the need for confidentiality, is there a legal basis for it? There is no federal law protecting mediation communications, although there are protections for

2009 Developments in Mediation: Mediation Confidentiality

By Victoria VanBuren - December 31, 2009

by Holly Hayes Our August post on the “bad faith” mediation section of Texas House Bill 2256 (read more about the bill here) that requires the mediator to report bad faith mediation to the insurance commissioner or the Texas Medical Board, as appropriate, prompted our attention to how other states are addressing confidentiality in mediation. Texas operates under the Alternate Dispute Resolution Procedures (Chapter 154) of the Civil Pr

The Uniform Mediation Act and Confidentiality

By Victoria VanBuren - October 2, 2009

By Holly Hayes As discussed in a previous post, an attempt has been made to explore confidentiality in the Uniform Mediation Act (UMA) and provide an updated list of the states who have implemented the Act, those where legislation is pending, states who have rejected the act and those who have chosen to adopt similar bills. The Uniform Mediation Act, constructed by committees from the National Conference of Commissioners on Uniform State Laws and

Mediation Confidentiality

By Victoria VanBuren - September 19, 2009

by Holly Hayes A recent post on the “bad faith mediation” section of Texas HB 2256 has prompted comments and discussion regarding the confidentiality of mediation. Texas mediators operate under the Civil Practice & Remedies Code, Chapter 154. Alternate Dispute Resolution Procedures. Specific sections of this code that address confidentiality are as follows: § 154.053. STANDARDS AND DUTIES OF IMPARTIAL THIRD PARTIES. (a) A person a